The Bombay High Court, on September 19, emphasized that creative freedom and freedom of expression cannot be restricted, stating the CBFC cannot deny certifying a film solely due to concerns over potential law and order issues, according to PTI.
Expressing dissatisfaction with the CBFC’s delay in deciding the certification for Kangana Ranaut's Emergency, the court ordered a decision by September 25.
A division bench of Justices B.P. Colabawalla and Firdosh Pooniwalla questioned whether the CBFC believes the public is so naive as to believe everything depicted in films.
The makers of Emergency accused the film board of delaying certification, allegedly for political reasons. The High Court pointed out that Kangana Ranaut, the film’s director, co-producer, and lead, is a sitting BJP MP, questioning if the ruling party would act against its own member. Originally slated for a September 6 release, Kangana accused the CBFC of stalling the certification process to delay the film.
The HC bench urged the CBFC to make a clear decision, stating, 'You must have the courage to either approve or reject the film. We don’t want the CBFC to sit on the fence.'
The court was responding to a petition by Zee Entertainment Enterprises, asking for certification of Emergency. The biographical drama has sparked controversy, with Sikh organizations, including the Shiromani Akali Dal, accusing the film of misrepresenting their community and distorting historical facts.
Earlier this month, the HC declined to grant urgent relief, stating it could not immediately direct the CBFC to certify Emergency. The decision came due to a directive from the Madhya Pradesh HC, which required the censor board to review objections before certifying the movie. The court then instructed the CBFC to decide on the certification by September 18.
On Thursday, senior counsel Abhinav Chandrachud, representing the CBFC, informed the court that the board's chairman had referred the film to a revising committee, citing concerns about potential public disorder. The film also stars Anupam Kher and the late Satish Kaushik.
Senior counsel Venkatesh Dhond, representing Zee Entertainment, argued that the CBFC was delaying the certification of Emergency to prevent its release before the October elections in Haryana.
The HC criticized the CBFC for passing responsibility from one department to another instead of complying with the court’s earlier order, stressing the decision must be made by September 18. The court reprimanded the CBFC for raising concerns about potential law and order issues, stating it wasn’t their role to make such judgments and that creative freedom was being restricted. Dhond suggested political reasons were behind the delay, despite Kangana being a BJP MP.
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